Sunday, May 14, 2017 1:50:01 PM
In addition, a careful reading of the claims for the '819 patent shows that it is a method patent only. By contrast, the '297 patent was for an apparatus. The '819 patent incorporated the technical disclosure of the '297 patent only. It is important to note that the property protection of any patent is limited to what is spelled out in the claims. Therefore, the '297 patent covered the imaging apparatus and the '819 patent covered the imaging method. By allowing the '297 patent to expire, patent protection for the device itself likewise expired.
A final note. It is illogical that anyone would allow a patent to "intentionally expire" as is being claimed here. The improvements claimed in the '819 patent would build upon, and not replace, the claims of the '297 patent. The latter claims are now in the public domain.
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